Downtown Story Project Self-Submission Form

By submitting any photographic, videographic or audio materials (or other similar audiovisual media) and/or providing a link to any website or electronic database where such materials are stored, located or may be obtained or viewed, you hereby agree to the terms of the “Your Downtown Salt Lake City Photography/Video Consent and License Agreement” provided below.

PHOTOGRAPHY/VIDEO CONSENT AND LICENSE AGREEMENT

By submitting the attached/enclosed photographic and/or video materials in connection with the “Downtown Story Project” Downtown Master Plan project (“Project”), you hereby grant Salt Lake City Corporation (the “City”) a perpetual, nonexclusive, royalty-free license to use, publish, re-publish, reproduce, prepare derivate works from, and otherwise display the photograph(s), audio and video(s), and to authorize others to do the same in connection with the Project or other City efforts and programs. No license fees or payments shall be due or payable by the City with respect to its use of any of the photographic or videographic materials submitted. Without limiting the generality of the foregoing, the City shall be permitted, with respect to each of the photographs or videos, to use, re-use, publish, and re-publish the photographs, audio and/or videos, in whole or in part, or composite or otherwise edit or modify such materials.

You understand that these photos, audio or videos may be used in brochures, newsletters, edited video programs, internet blogs, emails, websites and other informational materials concerning the Project or other City-related efforts.

Each and every photograph or video submitted in connection with the Project shall become subject to the license set forth herein.

You agree to allow the City to keep and retain all digital copies of the photograph(s), audio and/or video(s) in perpetuity. All negatives, film, videotape, audio, prints or other physical media shall remain the property of the submitter. The City’s rights therein shall be limited as set forth herein.

You hereby waive any applicable rights under Section 106A of the U.S. Copyright Act of 1976, as amended, 17 U.S.C. § 101, et seq. (the “Copyright Act”), as to any use, modification, distortion or alteration of the Photographs desired to be made by the City in its sole and exclusive discretion. You further waive any of your rights which might exist under any state “moral rights,” “artist’s rights” or “droit morale” laws to the extent that such laws are not preempted by the Copyright Act. You hereby waive any right that you may have to inspect or approve the finished product or products and any drafts that may be used in connection therewith or the use to which it may be applied.

You represent and warrant to the City that:

(a) each of the photographs, audio and video submitted are or will be original works of authorship not taken from or based upon any other works (except for public domain works) and will not infringe upon the copyright, trademark, right of publicity or any other rights of any person, firm or corporation;

(b) the City’s use of the photographs and videos, as authorized herein, will be free and clear of any claims of third parties for any further compensation;

(c) you are at least 18 years of age; and

(d) for any submitted materials containing the images or likenesses of minors (including persons who were minors at the time the images or likenesses were made or recorded) who are a primary subject of the materials (excepting any incidental images or likenesses of minors appearing in the materials), you, as a legal guardian or representative of the minor, are legally authorized to consent to their appearance in the submitted materials.

By submitting any photograph(s), audio or video(s), you represent that you are the owner or legal recipient of the materials submitted and that you have full authority to grant this license.

The City shall give the photographer or videographer (as the case may be) a credit line on the respective materials that the City selects for use in connection with the Project. The line shall read as follows: Photograph by: ________ (photographer’s name) or Video by:_____________ (videographer’s name). The City will credit the submitter as the author of the photos or videos unless the submitter indicates that someone else should receive credit and provides the name(s) of such person(s).

You understand and acknowledge that photographic, audio and videographic materials and any other explanatory and identifying documentation or materials submitted therewith are “public records” under the Government Records Access and Management Act (“GRAMA”) (Utah Code § 63G-2-101, et seq.) unless classified by the City as private, controlled or protected records, and that such materials may be subject to public review and copying. You agree to hold the City harmless for any third-party use or misuse of the photograph(s) or video(s) you submit that are published in materials related to the Project or any other City-related effort, or that are obtained through a public records request under GRAMA. By submitting said materials, you waive any claim of confidentiality, trade secret, or other proprietary interest in such materials.

By submitting photographic, audio or videographic materials, you agree to release and hold harmless the City, its partners and agencies, and each of their respective officers, directors, employees, and agents, from and against any claim or cause of action arising out of the use of such materials, from claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement, or any other intellectual property or personal rights-related cause of action.